In recent years a range of stakeholders have raised concerns regarding the standard of certain expert evidence relating to children in Family Law court cases.
These experts often use the title of psychologist and may be instructed to give evidence or offer diagnoses which they are not qualified to undertake.
The Family Procedure Rule Committee is now consulting on proposed changes to the Family Procedure Rules (FPR) and the associated Practice Directions (PD) for experts in family law children proceedings. These changes involve a requirement for an expert witness to be a ‘regulated expert’ which is defined in FPR 25.2.
The proposed definition of a regulated expert is set out as follows:
‘regulated expert’ means an expert who is:
- regulated by a UK statutory body; or
- a register accredited by the Professional Standards Authority for Health and Social Care; or
- regulated by an approved regulator under the Legal Services Act 2007.
This requirement would not apply to international social workers and the court would be able to give permission to any expert where there is no regulated expert available.
Consultation Questions
- Are there any experts not accounted for in the current draft of the amendments who you feel should be considered? If yes, why do you think they should be considered?
- Do you have any feedback on Rule 25.5A and the amendments to PD’s relating to the standards of experts, as currently drafted?
- Are there any other comments you would wish to make regarding the instruction of unregulated experts?
The consultation is available here with responses due by 6 June 2025 at FPRCSecretariat@Justice.gov.uk.
TAE will be making a response to the Family Procedure Rule Committee. We would welcome your comments and input in the preparation of our response.
We would be grateful if any comments or suggestions to help frame the TAE response be sent to us not later than 15th May.